Minnesota Department of Human Services rulemaking docket

DHS rules being developed, amended or repealed as of January 2018

State agencies are required by Minnesota Statutes, Section 14.366, to maintain a current rulemaking docket describing the status of rulemaking activities in progress or under consideration within the agency. These activities include proposing new rules or amending or repealing existing rules.

The docket chart below is an overview of current rulemaking activity within the department. Each rule part in progress or under consideration is referenced by an eight-digit rule part number and the rule title. (See explanation of rule numbering following the rule docket.)

Information on the current status of rulemaking activity for any rule part listed below may be obtained by clicking on the heading for the rulemaking activity. Information on the rulemaking status includes a citation to all published notices and general information on the progress of rulemaking activity. To the extent applicable, it may also include the names of additional department contacts, the timeframe and location for filing comments, the location for reviewing comments, and the time and place for a scheduled hearing.

Information may also be obtained by contacting Vanessa Vogl, Rulemaking Attorney, Department of Human Services, Administrative Law Office, PO Box 64254, St. Paul, MN 55164-0254, phone 651-431-3168, fax 651-431-7714, or email to: Vanessa.Vogl@state.mn.us.

Adopted rules. Immediately following the docket is a listing of recently adopted rules. Information regarding a newly adopted rule may be obtained by contacting the rulemaker listed.

Department of Human Services’ current rules. The Minnesota Revisor’s Office maintains a website that contains links to all of the Department of Human Services’ existing rules that are currently in effect.

Minnesota Rulemaking Manual- Manual for the Practitioner. A manual for drafting state agency administrative rules.

Docket chart

Rule number and title, Subject Matter and Rulemaker

Possible Amendment to Permanent Rules Governing Retroactive Billing, Minnesota Rules, Part 9505.0450, Subpart 3; Revisor’s ID Number 4415
The Minnesota Department of Human Services is proposing an amendment to the rules governing retroactive billing for Medical Assistance providers and reimbursement of Medical Assistance recipients at part 9505.0540, subpart 3. Under the current rule, if a recipient was determined retroactively eligible for Medical Assistance, and has made payments to a provider for services received during a retroactive eligibility time period, the provider has the option of billing Medical Assistance and refunding the recipient, but only up to the amount paid by Medical Assistance. The proposed rules amendment would require providers to reimburse recipients for any amounts paid by a recipient for covered services during a retroactive period, regardless of whether the provider bills Medical Assistance or the amount paid by Medical Assistance. The amendment would also allow the recipient to appeal a provider’s failure to refund the recipient. The department believes that with the amendment the rules part will better align with federal requirements regarding retroactive coverage. The department requested comments on the proposed amendment, and that comment period ended May 22, 2017. The department is currently working on drafting the Statement of Need and Reasonableness, and is considering issuing another Request for Comments. Vanessa Vogl

Possible Amendments to Permanent Rules Governing Health Care Program Payment Minnesota Rules, parts9505.0175, 9505.0220, 9505.0277, 9505.0310, 9505.0325, 9505.0335, and 9505.5005; Revisor’s ID Number 4480

In August 2014, the Minnesota Department of Human Services proposed repealing obsolete language from rule part 9505.5005 that refers to the National Blue Cross and Blue Shield Association Medical Advisory Committee because the committee no longer exists. In 2016, the he department determined that, in addition to deleting the reference to the National Blue Cross and Blue Shield Association Medical Advisory Committee, it wanted to make further, related revisions to additional rule parts governing health care services, durable medical equipment, and medical supplies that are eligible to receive Medical Assistance payments. The department abandoned the obsolete rule repeal process accordingly, and will instead pursue the full rulemaking process. The department anticipates publishing a Request for Comments regarding the rule amendments in early 2018. Vanessa Vogl

Possible Amendments to Permanent Rules Governing the Cost of Care for Clients in State-operated Facilities; Minnesota Rules, Parts 9515.1000 – 9515.2600; Revisor’s ID Number 4500

The Minnesota Department of Human Services is considering amending the rules governing the reimbursement for cost of care in state facilities. The department is considering rule amendments that update and clarify the process used to determine the ability of patients, clients, and relatives to pay for the cost of care in a state facility when no other payer is available or when the only payer available is a public payer. The proposed rule amendments would clarify how the state may verify a patient’s personal assets using credit checks and personal income tax information; clarify when a financial interview is needed and, if needed, when and how the interview would occur; clarify the frequency of the determination of ability to pay calculation; and remove outdated tables embedded in the rules. This amendment would also align information requests with current Health Insurance Portability and Accountability Act (HIPAA) and financial institution requirements for asset verification. The department anticipates publishing a Request for Comments regarding the rule amendments in early 2018. Vanessa Vogl

Adopted rules

Adoption of Repeal of Obsolete Rules Governing Publishing Notices in a Local Newspaper, Minnesota Rules, Part 9505.2240, Subpart 1, Item B, Last Half of the First Sentence; Revisor’s ID Number 4154
The Minnesota Department of Human Services adopted the repeal of obsolete language from a Surveillance and Integrity Review Section program rule requiring the department to publish notice of sanctions the department imposes on Medical Assistance providers in trade area general circulation newspapers. The comment period for this repeal was published in the State Register on Tuesday, January 17, 2017. Vanessa Vogl

Explanation of rule numbering

All administrative rules in the state of Minnesota are codified by chapter in Minnesota Rules. Rules of the Department of Human Services begin at Chapter 9500 and end at Chapter 9585. Each chapter has rule parts and each rule part has an eight-digit part number (e.g., part 9506.0010). Typically, a series of rule parts all relating to the same matter is referred to as a rule and is identified by the beginning and ending eight-digit numbers in the series of rule parts (e.g., Minnesota Rules, parts 9506.0010 to 9506.0400 govern how the MinnesotaCare program is administered.)

DHS also has an informal numbering system for rules. For example, parts 9506.0010 to 9506.0400 are known informally as “Rule 100”. For a full list of DHS informal rule numbers and their corresponding eight-digit part number, please see the Rules conversion chart.

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